REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
October 22, 2024
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
NOEL CASTILLO, Director, Department of Public Works - Transportation
SUBJECT
Title
Waiver Valuations and Acquisition Agreements for Temporary Construction Easements for the National Trails Highway at 10 Bridges Project in the Unincorporated Area of Amboy
End
RECOMMENDATION(S)
Recommendation
1. Approve Waiver Valuation Nos. 24-30 and 24-31, copies of which are on file with the Real Estate Services Department.
2. Authorize the acquisition of three Temporary Construction Easements from two property owners over portions of certain real properties, totaling approximately 102,232 square feet, for a period commencing on May 1, 2025 and expiring on the earlier of completion of the project or April 30, 2027, for the National Trails Highway at 10 Bridges Project in the unincorporated area of Amboy, at a total cost not to exceed $2,000, which includes the just compensation and a $1,000 contingency amount.
3. Approve the form of Acquisition Agreement to acquire three Temporary Construction Easements from two property owners for the National Trails Highway at 10 Bridges Project in the unincorporated area of Amboy.
4. Authorize the Director of the Real Estate Services Department to:
a. Complete and execute two Acquisition Agreements, in substantial conformance with the approved form of Acquisition Agreement, to acquire a total of three Temporary Construction Easements from two property owners over portions of certain real properties, totaling approximately 102,232 square feet, for the National Trails Highway at 10 Bridges Project in the unincorporated area of Amboy, at a total cost not to exceed $2,000, which includes the just compensation and a $1,000 contingency amount.
b. Execute any other documents necessary to complete these transactions, subject to County Counsel review.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The three Temporary Construction Easements (TCEs) for the National Trails Highway (NTH) at 10 Bridges Project in the unincorporated area of Amboy (Project) will be funded with Federal Highway Bridge Planning funds (88.53%) and Discretionary General Funding (11.47%) allocated to the Department of Public Works (DPW) in the 2014-15 through 2016-17, 2018-19, and 2024-25 budgets. The total cost to acquire the TCEs is an amount not to exceed $2,000, which includes just compensation plus a $1,000 contingency for potential administrative settlements. Sufficient appropriation and revenue are included in DPW’s 2024-25 Road Operations budget (6650002000 H14910 through H14918 and H14853) and will be included in future recommended budgets as needed.
BACKGROUND INFORMATION
The Project involves the replacement of 10 bridges (Bristol Ditch, Cerro Ditch, Gordo Ditch, Cerulia Ditch, Leith Ditch, Terra Ditch, Sombra Ditch, Beacon Ditch, Larissa Ditch and Adena Ditch) located between Amboy Road and Kelbaker Road (Bridges) on the NTH, also known as Route 66. This two-lane road holds significant historical and local circulation importance. Most of this segment of the NTH in the County has been determined to qualify as eligible for the National Register of Historic Places, although not all bridges are eligible as contributing features. Throughout the years, the Bridges have been maintained through repair work with the intent of maintaining public safety and prolonging the Bridges’ service life.
The Project represents 10 of the 133 bridges on the NTH that were constructed between 1929-1930 and are to be replaced. The Bridges, currently constructed of timber trestle, will be replaced with concrete bridges, and will be designed to accommodate legal load weight limits and a 100-year storm event. TCEs will be necessary to complete the bridge construction.
On July 14, 2020 (Item No. 41), the Board of Supervisors (Board) approved a contract with Dokken Engineering (Dokken) for engineering services as well as the preparation of an Environmental Impact Report/Environmental Assessment for the Project.
DPW requires one TCE, totaling approximately 59,851 square feet, from a property owner over a portion of a property located on the NTH [Assessor Parcel Number (APN) 0558-151-15-0000] and two TCEs totaling approximately 42,381 square feet from another property owner over a portion of a property located on the NTH (APN 0655-232-01-0000) in the unincorporated area of Amboy. DPW has requested assistance from the Real Estate Services Department (RESD) in the valuation and acquisition of the TCEs required for the Project.
The temporary interests in the portions of land to be acquired for the Project are described as follows:
|
Property Owner/Last Name |
APN |
TCE No. |
Total Easement Area to be Acquired |
|
Cadiz Inc. |
0558-151-15-0000 (portion) |
TCE-2 |
59,851 square feet |
|
Dalnays, as co-trustees of the Dalnay Family Trust dated 11-13-01 |
0655-232-01-0000 (portion) |
TCE-3 TCE-4 |
21,803 square feet 20,578 square feet |
RESD reviewed the Project with DPW and initiated the valuation of the temporary easement interests under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Government Code section 7260 et seq., corresponding regulations, and County Policy No. 12-20, for the acquisition of property rights for a public project.
Waiver Valuation Nos. 24-30 and 24-31, copies of which are on file with RESD, were prepared by qualified RESD staff. The waiver valuations, which is a permitted administrative valuation process for low value/non-complex acquisitions, establish the amounts of just compensation to be paid to the two property owners for the TCEs necessary to complete the Project. RESD recommends that the waiver valuations be approved and that written offers be made to the impacted property owners.
Approval of this item by the Board will authorize the acquisition of the TCEs and delegate authority to the Director of RESD to complete and execute two Acquisition Agreements to acquire the TCEs from the two property owners for a total cost not to exceed $ 2,000, which includes the just compensation and a $1,000 contingency amount. The Director of RESD will also be authorized to execute any other documents necessary to complete these transactions, subject to County Counsel review. In addition, the Director of RESD will accept all TCEs executed by the property owners pursuant to the authority granted by the Board on March 27, 2012 (Item No. 75).
Since this Project receives federal funding, the California Department of Transportation (Caltrans) reviewed the Project under the National Environmental Policy Act (NEPA). Caltrans issued a Finding of No Significant Impact (FONSI) for the Project on May 1, 2024.
On May 7, 2024 (Item No. 45), the Board approved the Project and determined it to be exempt in accordance with the California Environmental Quality Act (CEQA). The Clerk of the Board of Supervisors was directed to file and post a Notice of Exemption. Accordingly, no further action is required under CEQA.
PROCUREMENT
RESD can make offers and acquire the necessary TCEs in conformance with all applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Government Code section 7260 et seq., corresponding regulations, and County Policy No. 12-20.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng and Aaron Gest, Deputies County Counsel, 387-5455) on October 2, 2024; Public Works (Noel Castillo, Director, 387-7916) on September 9, 2024; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on September 9, 2024; Finance (Jessica Trillo, 387-4222, and Garrett Baker, 387-3077, Administrative Analysts,) on October 2, 2024; and County Finance and Administration (Valerie Clay and Paloma Hernandez-Barker, Deputy Executive Officers, 387-5423) on October 4, 2024.
(TJS: 893-0340)